Arizona 5 Day Notice to Pay or Quit

An Arizona 5 Day Notice To Quit is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within five (5) calendar days of receiving notice.

When To Use an Arizona 5 Day Notice To Quit

An Arizona 5 Day Notice To Quit begins the eviction process when the tenant is late on rent. This notice may be delivered when any part of the rent is unpaid on the day after the rent is normally due. A Residential Information Sheet (REIS), included in this notice template, must also be delivered before any court action.

Some types of Arizona lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write an Arizona 5 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

Use the full name of the receiving parties, and address of record, if known
Specify the basis for terminating the tenancy, and the payment necessary to avoid termination
Specify the termination date of the lease or tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve an Arizona 5 Day Notice To Quit

Arizona landlords may deliver an initial written Notice To Quit by any method which effectively brings the information to the tenant’s attention. The law presumes the following methods are valid:

Hand delivery to the tenant
Delivery by registered or certified mail to the tenant’s address of record or (if unknown) last known residence

Mailed notice is considered served when actually received or five days after the date the notice is mailed, whichever is sooner.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 Ariz. Rev. Stat. § 33-1313: A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person “knows” or “has knowledge” of a fact if he has actual knowledge of it.

B. A person “notifies” or “gives” a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person “receives” a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.

C. “Notice,” knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.

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2 Arizona Supreme Court Eviction Forms for Nonpayment of Rent: RESIDENTIAL EVICTION INFORMATION SHEET (REIS) (PUBLICATION AND DISTRIBUTION REQUIRED BY THE ARIZONA SUPREME COURT) Notice A landlord must provide a tenant with written notice saying why the eviction process has started. The tenant should have received this notice before this lawsuit was filed or with the summons. Rent Cases If this lawsuit has been filed for not paying rent, the tenant can stop it and continue living in the residence by paying all rent now due, late fees, attorney’s fees and court costs. After a judgment has been granted, reinstatement of the lease is solely in the landlord’s discretion. Inability to pay rent is not a legal defense and the judge cannot give more time to pay, even if the tenant is having financial problems. Before Court Eviction cases move through the court system very quickly. If the tenant disagrees with the landlord’s allegations, the tenant is encouraged to file a written answer. The answer form available from the court allows the tenant to admit or deny the allegations and explain his or her position. There is no fee to file an answer. If a tenant believes that the landlord owes him or her money, the tenant may under some circumstances file a counterclaim. The summons states that a trial will occur on the date listed, but due to the high volume of cases, a trial may not occur then. A landlord, tenant, attorney, or witness will be permitted to participate at the initial hearing by telephone or video conference and should contact the court at least two hours before the hearing to obtain information about how to connect to the hearing. If the tenant fails to appear, and the landlord or his attorney is present, a judgment will probably be entered against the tenant. Tenants can represent themselves or arrange for lawyers to represent them. The court will not provide a lawyer. At Court At the time listed on the summons, the judge will start calling cases. If both parties are present, the judge will ask the tenant whether the complaint is true. If the tenant says “no”, he or she will need to briefly tell the judge why. If the reason is a legal defense, the judge will need to hear testimony from both sides and make a decision after a trial. After talking to the landlord or its attorney, a tenant may wish to agree to what the landlord is requesting by signing a “stipulation”. A stipulation is an agreement under which the parties resolve the dispute on the basis of what the agreement says. Only matters contained in the written agreement can be enforced. These agreements should be clear and understandable by both parties. Most stipulations include judgments against tenants. Continuances Either party may ask that the court date be delayed. The court will agree only if there is a very good reason. A delay will be no more than three business days. There is no assurance a delay will be granted and parties should come to court prepared for trial and bring necessary witnesses and documents. After a Judgment If a landlord receives a judgment, it may apply for a writ of restitution to remove the tenant(s) and all occupants. Writs of Restitution are served by constables, who will direct the residents to leave. A tenant may avoid the difficulties associated with a writ of restitution by vacating the property and returning the keys to the landlord. This ends the tenants’ possession of the residence. A tenant will have five (5) days to vacate the premises unless the court has found a material and irreparable breach of the lease by the tenant, in which case the tenant has only twelve (12) to twenty-four (24) hours to vacate. A judgment will probably appear on a tenant’s credit report for several years. Parties wishing to appeal from a judgment have five days to do so after the judgment is entered and can obtain forms and information from the court filing counter. If a tenant wants to remain in the rental home during the appeal, the tenant must also pay an appropriate bond and continue to pay rent into court as it becomes due. If the tenant prevails the court will dismiss the case. Absent an appeal, the tenant will need to obtain the landlord’s approval and enter a new lease to continue living in the residence. Sources of Additional Information You can get copies of the Arizona Residential Landlord Tenant Act, the Arizona Mobile Home Parks Residential Landlord and Tenant Act and the Long Term Recreational Vehicle Rental Space Act from a library or from links on the Arizona Judicial Branch – Eviction Actions web page, https://www.azcourts.gov/eviction. For information on the Residential Eviction Action process, please visit: https://www.azcourthelp.org. If you wish to consult an attorney, you may want to contact the Arizona State Bar Attorney Referrals Line or, in Maricopa County, Community Legal Services. Contact the court in other counties for similar referrals.
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